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The Secretary of State appeals with permission a decision of First-Tier Tribunal Turnock, promulgated on 28 March 2018, in which the Judge allowed the appellant's appeal on human rights grounds.
Where an individual cannot meet the Immigration Rules compelling reasons are required to justify a grant of leave under article 8 which is not a stand-alone provision. The decision does not identify any compelling factors and in the circumstances the grounds are arguable.
The Appellant's situation was not brought about by any action on the part of the Respondent or the government but flowed from the alleged poor service provided to him by former solicitors. It had previously been suggested that there had been an 'historic injustice' (sic) perpetrated against the Appellant although that was not an argument which was advanced at the hearing before me.
The Judge undertook an examination of relevant case law before drawing together the threads of the decision at [71] in the following terms:
The President of the Upper Tribunal has recently handed down the reported decision in Mansur (Immigration adviser's failings: Article 8) Bangladesh [2018] UKUT 274 (IAC) , the head note of which reads:
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